2004 Ballot Recount: Observer Report

• December 15, 2004:
  Report by Green Party Observer 1
• December 15, 2004:
  Report by Green Party Observer 2

December 15, 2004:
Report by Green Party Observer 1

On Wednesday, December 15, 2004, we arrived at the Fairfield County BOE at approx. 0730 hours for a recount. There were also Kerry and Bush observers, and the BOE allowed one representative from each candidate to sit at each of the two counting stations, and the rest to stand and watch.

We were informed that the Democratic and Republican board member each selected a precinct to recount. They were Lancaster City 2C and Pickerington C.

I sat at Lancaster C, and the hand count went smoothly. Once both precincts were hand counted, we then were allowed to have only on representative from each candidate in the actual tabulating room, due to its size. All others were allowed to watch from outside the room. Alice Nicolia explained the process of a new test desk, which they created, showed and explained to us how the test deck worked, demonstrated the test, and clearly demonstrated clearing the test results out.

Some troubles occurred with the tabulator. It seemed to stop frequently, giving invalid tally on a card messages (basically a jam). After many starts and stops, both precincts were finally tabulated. The explanation for the troubles was the handling of the cards for the hand count and humidity. There were several dehumidifiers clearly visible in the area.

Lancaster 2C tabulations matched up with the hand count. However, Pickerington C did not. Many of us felt that the hand count did not show the no-votes in the totals (4 cards) and could explain the four-card grand total discrepancy. The hand count showed 4 votes less than the tabulator count.

It was agreed to recount by hand Pickerington C to determine if this was the case. A hand count was then reconducted, and the non-votes were also included in this tally this time. It was then decided to run the cards again through the tabulator. However, it was decided by the BOE that a spare machine should be used after the original machine (the first machine was actually the machine that tallied the vote the evening of 11/2/04). The spare machine was removed from the box, hooked up, and promptly failed completely. The first machine was then hooked back up, and the tabulation commenced again.

After numerous stops and starts, errors and jams (all explained by handling of the cards and humidity "card-curling") the tabulation was complete. The 2nd tabulation counts of Pickerington C again did not match the 2nd hand count of that precinct…the tabulation machine failed to register two votes that that hand count had counted.

At this time, the BOE asked if we would waive their rights, and they were told no. The BOE then suggested contacting their machine vendor to get another machine in to retabulate. The BOE was then told by us that this would be unacceptable — the law was very clear, they would now have to perform a mandatory hand count of the entire county. The BOE then stated they would have to contact the Secretary of State's office. The Board members then asked us to wait, and they left the area.

At approximately 2 minutes before 4:00 PM, a member of the board came out and stated they were awaiting a call back from their vendor, that the vendor had said it would be 5 minutes and it had already been 10 minutes, and that is what is happening and they would get back with is as soon as they heard from the vendor. Two minutes later, at exactly 4:00 PM, the Board members returned to the area, convened a Board meeting, moved and seconded to suspend the recount until 9:30 AM Saturday, December 18, 2005. On that date, the recount would be conducted again, same exact precincts, with a new machine from their vendor. It was claimed that the tabulator had suffered "equipment malfunction" and a new tabulator would arrive and be in place. All voted AYE, motion carried. The Board then adjourned, announced it was after their normal operating hours, and we were to leave the building. The BOE also then stated that only one observer from each party would be allowed at each of the two hand count tables, and no other observers would be allowed in the counting area at all. The BOE was informed they were violating the law, and the Green Party legal team was contacted.

December 15, 2004:
Report by Green Party Observer 2

This is my report on the events of December 15, 2004 at the election recount of Fairfield County.

The first directive we were given was that no one was allowed to enter the counting area except the two named observers from each candidate who were carrying signed letters. Neither the Democratic nor Republican observers had letters with the original signatures so that rule was quickly discarded. The Republicans wanted to have a lawyer in attendance, so to accommodate the Republicans, all observers were then allowed in to view the counting.

We were originally told that all in attendance who were not designated to observe the count would have to stand all day and would not be allowed to have chairs. In order to accommodate an elderly gentleman who needed a chair, we were all offered chairs after about an hour.

The board had chosen to pull two precincts for the recount; Lancaster 2C and Pickerington City C. This was not a random selection but was based on the number of votes these two precincts held.

Those two precincts combined held 2,039 cast ballots, the three percent needed to satisfy the terms of the initial manual recount was 2,038. The Fairfield County Board of Elections determined that they would not manually count any more than needed. No pretense was made that this was a random pull. They felt that it met the requirements because a Democrat pulled one precinct and a Republican pulled another.

Absentees and provisional ballots were included in each precinct. After the manual counts a test pack was run in the tabulator. We were told that only one observer from each party would be allowed to view the tabulation by machine but that the rest of the observers would be allowed to wait in the doorway and the hall. The machine count and manual count for Lancaster 2C agreed. The manual and machine count for Pickerington City C did not agree.

At that time we had some discussion about the next step, with the Republicans and the board resisting a second manual count. Secretary Blackwell's directives were very clear that a second recount was necessary, so our next step was a manual count with a backup tabulator that had never been used.

The totals were the same for the second manual count however the new tabulator did not function at all. After some attention by a maintenance person, it was decided to machine count with the original tabulator.

Once again the totals did not match.

I called for a full manual recount on behalf of the Green Party. The members of the board asked all witnesses to wait while they talked with the county commissioners to make arrangements for staffing the count. The observers waited approximately one hour, during which time, I felt the Republican's lawyer was trying to intimidate me.

At 3:58 the board members, led by Peggy Matheny (chair) quickly called a meeting to order making a motion to "suspend the recount" and to meet again Sat. Dec 18th at 9:30 A.M. to "start from scratch." She said this tactic was recommended by the Secretary of State.

The motion was quickly seconded by Dale Graham and then was immediately agreed by all. I asked what they meant by "start from scratch" and was told that they intend to recount the same two precincts only. We were then told that it was 4:00 PM, the building was closed, and all had to leave. The Republican contingent, however was allowed to stay in a conference room for an additional ten minutes or so for a private discussion.